Neck / cervical spine Board decisions

The Board has granted a 40 percent rating for the veteran's service-connected low back disability, effective November 18, 2000. The claim for service connection for a cervical spine disorder was denied.

The Board denied service connection for generalized arthritic condition of multiple joints and the initial evaluations for degenerative disk disease at L4-5 and bilateral shoulder bursitis/tendonitis.

The Board denied service connection for bilateral defective hearing due to lack of evidence during or within one year post-service. The claim for degenerative disease of the cervical and dorsal spine was denied as new and material evidence did not support reopening the claim.

The veteran's post-traumatic osteoarthritis of the hips, knees, ankles, cervical and thoracic spine and left wrist is presumed to have been incurred in service due to his status as a former POW. The Board finds that he does not have post-traumatic osteoarthritis of the shoulders or elbows which was incurred in or aggravated during service.

The Board denied the veteran's claims for increased evaluations and effective dates, as well as her request to be represented by an attorney. The issues of service connection for a left ankle disability and entitlement to aid and attendance benefits were referred back to the RO.

The Board denied increased ratings for low back strain and cervical disc bulge at C3-7, finding that the evidence did not support a rating greater than 10 percent.

The Board found that the veteran's overpayment of VA benefits was not against equity and good conscience, as his fault in creating the debt contributed to its creation. Recovery would not defeat the purpose of his compensation benefits, nor result in unjust enrichment or relinquishment of valuable rights.

The Board found no convincing evidence to show that the appellant currently has a neck disability related to disease or injury incurred in active duty for training (ACDUTRA).

The Board of Veterans' Appeals has determined that the veteran does not have cervical cancer due to military service and therefore denied her claim for service connection.

The Board has reopened the veteran's claim and found that new evidence supports a connection between his current neck and head pain and his service, specifically his boxing activities. The Board concluded that these conditions are related to his in-service injuries.

The Board has found new and material evidence to reopen the veteran's claim for service connection of a cervical spine disorder, which is now considered. The opinion from Dr. K. links the current disability to an injury sustained during active service.

The veteran's left ankle sprain was granted an initial compensable evaluation of 10 percent. The cervical strain from June 22, 1994 to November 24, 1997 was also granted a compensable evaluation of 10 percent. On and after November 25, 1997, the veteran's cervical strain received an increased evaluation of 30 percent.

The veteran's claim for an earlier effective date for special monthly pension benefits was denied, and his service connection claim for Morton's neuroma of the feet was also denied. The Board found that there was no evidence to support a need for aid and attendance or service connection.

The veteran's claims for increased evaluations of her service-connected degenerative disc disease of the cervical spine and lumbar spine have been denied. The cervical spine disorder is rated at 10 percent from October 21, 1992 to July 18, 1999; 20 percent from July 19, 1999 to February 2, 2000; and 40 percent beginning on February 3, 2000. The lumbar spine disorder is rated at 10 percent.

The veteran's degenerative disc disease, cervical spine injury residuals is rated at 40 percent disabling. The court of service connection for his shoulder condition was granted.

The Board found that the veteran did not develop chronic disabilities as a result of service and denied all claims. The appeals for reopening previously denied claims were also denied.

The veteran's service-connected disabilities do not meet the criteria for special monthly compensation based on the need for regular aid and attendance or at the housebound rate.

The Board denied the veteran's claims for service connection for various conditions, including PTSD, headaches, a cervical spine disorder, and left leg and right eye disorders. The decision found that new evidence did not reopen the claim for a psychiatric condition (other than PTSD), and that none of the other conditions were incurred in or aggravated by service.

The Board found that the veteran's preexisting cervical and lumbar spine disabilities with degenerative disc disease were not aggravated by active service.

The veteran's service-connected knee and back conditions have been granted increased ratings, effective March 17, 1998. Service connection for cholecystectomy has also been established.